- 1 - HC-KAR NC: 2025:KHC:32099 CP No. 185 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA CIVIL PETITION NO. 185 OF 2025 BETWEEN: SHRUTI WIFE OF GURURAJ BIDARAHALLI AGED ABOUT 41 YEARS, RESIDING AT H. NO. 200/6, 6TH CROSS, DR. R K MARG, HINDWADI, BELAGAVI - 590 011. …PETITIONER (BY SMT. AISVARYA CHANDRAN, ADVOCATE FOR SRI. SHRIDHAR PRABHU, ADVOCATE) AND: GURURAJ S/O. SURESH BIDARHALLI, AGED ABOUT 40 YEARS RESIDING AT 11, SURVEYOR STREET, BASAVANGUDI, BENGALURU - 560 004 AND ALSO RESIDING AT SAI GARDEN LAYOUT, VADDARA PALYA, NO. 23, 6TH CROSS, HENNURU BANDE, HORAMAVU POST, BENGALURU - 560 043. …RESPONDENT (BY SRI. MOHAMMED SALEHA, ADVOCATE AND SRI. NAZIM TASNEEM, ADVOCATE) Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:32099 CP No. 185 of 2025 THIS CIVIL PETITION IS FILED UNDER SEC. 24 OF THE CIVIL PROCEDURE CODE. 1908 PRAYING THAT THE PETITION MAY BE ALLOWED AND MC NO.2827/2021, PENDING BEFORE VI ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT, BENGALURU BE TRANSFERRED TO I ADDITIONAL PRINCIPAL JUDGE FAMILY COURT, BELAGAVI WHICH IS A COURT HAVING COMPETENT JURISDICTION IN THE INTEREST OF JUSTICE AND EQUITY. A CERTIFIED COPY OF THE ENTIRE ORDER SHEET IN MC NO.2827/2021 IS PRODUCED AT ANNEXURE - A. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA ORAL ORDER The present petition is filed by the wife seeking for transfer of MC No.2827/2021 filed by the respondent- husband seeking for the relief of dissolution of marriage, pending on the file of the VI Additional Principal Judge, Family Court, Bengaluru, to the I Addl. Principal Judge, Family Court, Belagavi. - 3 - HC-KAR NC: 2025:KHC:32099 CP No. 185 of 2025 2. Heard the learned counsel appearing for the petitioner and learned counsel appearing for the respondent. 3. The marriage between the petitioner and respondent was solemnized on 12th December 2010 at Belagavi as per the customs prevailing in their community. From the marriage, a son is born to them on 04th December 2011. Due to the uncordial relationship between the petitioner and respondent, they are residing separately for quite some time. 4. Learned counsel appearing for the petitioner submits that petitioner and her son are residing at Belagavi, in a rented premises. The petitioner has filed M.C.No.46/2022 under Section 9 of the Hindu Marriage Act, 1955, seeking restitution of conjugal rights before the I Addl. Principal Judge, Family Court, Belagavi and also initiated Crl.Misc.55/2022 seeking maintenance under Section 125 of Code of Criminal Procedure, 1973 which is - 4 - HC-KAR NC: 2025:KHC:32099 CP No. 185 of 2025 pending before the very same Court. It is submitted that distance between Belagavi and Bangalore where the respondent-husband has filed M.C.No.2827/2021 seeking divorce is approximately 507 Kms. causing great hardship and inconvenience to the petitioner. 5. Per contra, learned counsel appearing for the respondent submits that the respondent is residing in Lithuania, Europe and commuting to Belagavi causes inconvenience as there are no direct flights available to Belagavi. The petition filed before the Bangalore Court is within jurisdiction and there could not be much difficulty for the respondent to attend the proceedings initiated by him at Bangalore. It is submitted that M.C.No.46/2022 and Crl.Misc.No.55/2022 initiated by the wife is after thought and after filing of M.C.No.2827/2021 by the respondent-husband. 6. This Court has considered contentions urged and perused the material placed on record. - 5 - HC-KAR NC: 2025:KHC:32099 CP No. 185 of 2025 7. The fact remains that two petitions are pending before the Family Court at Belagavi. The petitioner-wife is residing with her minor child at Belagavi who is pursuing his education at Belagavi. She has no other family members who could take care of the child during her absence if she had to made to travel to attend the proceedings at Bangalore. Though learned counsel for the respondent-husband submits that her parents are residing at Belagavi, this could not be the criteria when the wife seeks for transfer saying that she is unable to travel all the way to the place where the respondent-husband has initiated the proceedings. The fact is that the respondent- husband is not residing in India and in the circumstances, there could not be any inconvenience which would be caused to the respondent in attending the proceedings, if the proceedings are transferred. On the other hand, petitioner being a lady and having a minor child, is not in a - 6 - HC-KAR NC: 2025:KHC:32099 CP No. 185 of 2025 position to travel and stay in Bangalore which is more than 507 Kms one way. 8. The catena of judgments would indicate that it is the convenience of the wife that should be paramount consideration in matrimonial matters. Moreover, Crl.Misc.Petition and M.C. petition are filed by the wife before the Family Court at Belagavi. In these circumstances, transfer sought by the petitioner is justified as, if the petitioner is made to travel all the way to Bangalore, it would cause inconvenience to the petitioner. Therefore, the civil petition warrants to be allowed. 9. For the foregoing reasons, this Court pass the following: - 7 - HC-KAR NC: 2025:KHC:32099 CP No. 185 of 2025 ORDER i. The Civil Petition is allowed. ii. M.C.No.2827/2021 pending on the file of VI Addl. Principal Judge, Family Court, Bengaluru, is withdrawn and transferred to the I Addl. Principal Judge, Family Court, Belagavi. iii. The parties shall appear before the I Addl. Principal Judge, Family Court, Belagavi on 01.09.2025 without waiting for further notice. iv. Crl.Misc.No.55/2022 and M.C.No.46/2022 filed by the petitioner-wife shall be tried together with M.C.No.2827/2021 by the Family Court, Belagavi. v. The Family Court, Belagavi shall dispose of the matters as expeditiously as possible. Sd/- _____________________ JUSTICE K.S. HEMALEKHA YN List No.: 1 Sl No.: 4 CT: BHK